1. Introduction

1. At its meeting on 7 September
2017, the Monitoring Committee approved a report and adopted a draft resolution
on the functioning of democratic institutions in Azerbaijan with
a view to its presentation at the October 2017 part-session. At
that meeting, we announced that we would conduct a fact-finding
visit to the country from 13 to 17 September 2017 and that we intended
to present any developments in the country in an addendum to our
report.

2. Discussions during the fact-finding visit were based on the
draft resolution adopted by the Monitoring Committee and focused
on issues related to the independence of the judiciary, the criminal
justice system, conditions of detention, freedom of association
and in particular the legislation on non-governmental organisations
(NGOs). Talks also covered media freedom and the full implementation
of judgments of the European Court of Human Rights. Meetings were
held with the President of the Republic, the Head of his Administration
and the Deputy Minister of Justice, the Speaker of Parliament and
the Azerbaijani delegation to the Parliamentary Assembly, as well
as with civil society, journalists, lawyers and families of persons
in detention. Meetings were also held with so-called “political
prisoners” in detention. The present addendum aims to take into
account the most recent developments in the areas of relevance for
our report.

2. Recent developments

2.1. Media freedom

3. Since the preparation of our
report, there have been some worrying developments in the field
of media freedom, as reported by the Council of Europe Platform
to promote the protection of journalism and safety of journalists. We discussed these issues during
our visit and find it important to complete our report in this regard.

4. Prior to our visit, the Azerbaijani tax authorities opened
a criminal investigation against Turan news agency for allegedly
under-declaring profits, and tax officers raided Turan’s office.
The agency denied the allegations and referred the matter to the
administrative court. In the meantime, Turan Director Mehman Aliyev was
arrested, charged with suspicion of tax evasion and placed in three
months’ pretrial detention. Turan news agency announced that it
would suspend its operations as a result of Mehman Aliyev’s arrest
and the agency’s bank accounts being frozen. Ahead of our visit,
Mehman Aliyev was released from custody and placed under police
supervision while under investigation and prohibited from leaving
Baku, and we were able to meet him in his office while in Baku.
Since then, we have received contradictory information about the
tax claim against Turan being dropped and/or reinstated and its
assets being frozen and/or unblocked. All criminal charges against
Mehman Aliyev must be lifted and all restrictive measures against
the Turan news agency should cease. It is indeed essential that
Turan news agency is able to work and contribute to media pluralism
in the country.

5. We welcome the release of the Financial Director of the opposition
newspaper Azadliq, Faiq Amirli, which
took place during our visit. He had been charged with spreading
national and religious hatred, along with “promoting religious sects”
and “disturbing public order by performing religious activities”,
after police had allegedly found literature related to Fethullah
Gülen in his car. He was sentenced to three years and three months
in prison and fined 39 000 manats (€20 000). On 15 September 2017,
the Baku Court of Appeal decided to release him and placed him on
probation for three years.

6. After our visit, on 18 September 2017 the Sheki Court for
Grave Crimes sentenced Elchin Ismayilli, founder and editor of Kend.info, an online news portal
known for its reporting on corruption and human rights violations
in the Ismayilli region of Azerbaijan, to nine years’ imprisonment.
As mentioned in our report, he was charged with extortion of money
by threats, abuse of office and bribery.

7. On 9 September 2017, Baku Appeal Court confirmed the extension
of the pretrial detention of the Director of Internet TV “Kanal
13” Aziz Orujov, whom we met in pretrial detention centre No. 1.
He is recognised by Amnesty International as a prisoner of conscience.

8. We would like to reiterate that media and journalists should
be able to carry out their activities freely without being subjected
to intimidation or undue interference.

2.2. State of implementation
of the Presidential Order of 10 February 2017

9. In our report, we welcomed
the reform aimed at “humanising” the punishment system and avoiding unnecessarily
harsh sentences and detention initiated by the President of the
Republic’s Executive Order of 10 February 2017. It is important
that this order be now promptly and fully implemented. We therefore discussed
with the authorities the next steps to be taken to ensure its implementation.

10. We were informed that draft laws regarding humanisation of
sanctions – representing 300 legislative amendments – had been prepared
by the Supreme Court, the General Prosecutor and the Ministry of
Justice and submitted to the President. Draft amendments to the
Criminal Code were transmitted to parliament in June 2017. They
include provisions related to decriminalisation of 15 offences and
increase the amount giving rise to criminal liability for three
articles. New provisions are also foreseen to release from criminal
liability persons who paid compensation to the State or the victim
as well as persons with a drug addiction who submitted to treatment.
Moreover, alternative sanctions to imprisonment are foreseen for
158 crimes and imprisonment is mitigated for 36 crimes. In addition,
amendments to the Code of criminal procedure and to the Code of execution
of sentences have been prepared that, inter
alia, would allow electronic monitoring. It is expected that
these amendments will be submitted to parliament in the near future.
According to the government, the draft laws are expected to be adopted
by the parliament during the autumn session.

11. According to the statistics provided by the authorities,
the number of detainees held in pretrial detention facilities decreased
by 25% between January and September 2017. Compared to the first
nine months of 2016, the number of persons detained decreased by
24% in the first nine months of 2017.

2.3. Execution of
the judgments of the European Court of Human Rights

12. Since the preparation of our
report, the Committee of Ministers has taken new steps regarding
the state of execution of judgments of the European Court of Human
Rights by Azerbaijan.

13. On 13 September 2017, the Secretary General of the Council
of Europe recommended that the Committee of Ministers trigger the
Article 46.4 procedure with immediate effect regarding the judgment Ilgar Mammadov v. Azerbaijan. In
their decision of 21 September 2017, the Ministers’ Deputies instructed
the Secretariat to prepare a draft interim resolution giving formal
notice to Azerbaijan, as provided for under Article 46.4 of the
European Convention on Human Rights (ETS No. 5), of the Committee’s
intention to bring before the Court the question whether Azerbaijan
has failed to fulfil its obligation under Article 46.1 for consideration
at their 1298th (25 October 2017) meeting, should no tangible progress
be made in ensuring the applicant’s release.

14. In the case Rasul Jafarov v. Azerbaijan also
considered in our report, the Ministers’ Deputies urged the authorities
to pay without delay the remaining amount of just satisfaction,
and to explore all avenues including a reopening of the impugned
proceedings in order to erase the consequences of the violations
found.

2.4. Other developments

15. A few days prior to our visit,
14 persons convicted in connection with the so-called Nardaran events
were conditionally released. We will continue looking into this
case during our next visits.

16. Conditions in the Gobustan prison are unacceptable. We recall
that all prisoners – including those sentenced to life or serving
their sentences under high-security conditions –
should be treated with the respect due to their inherent dignity
and value as human beings. Long-term sentences call for special
attention to the well-being of prisoners as deprivation of liberty
entails a duty of care. These inmates should spend a reasonable
part of the day outside their cells engaged in purposeful activities
of a varied nature. We ask the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to
follow up on our findings during their next visits. While acknowledging
the effects of the world economic crisis, we call on the authorities
to speed up the construction of the new prison in Umbaki and to
close down Gobustan prison. We looked into the specific situation
of five prisoners. We express serious concerns about reports we
received of ill-treatment and torture of prisoners, in particular
regarding Abbas Huseynov. During the meeting with the prison authorities,
the use of force in the framework of disciplinary measures against
him was confirmed, which underpins the allegations of ill-treatment.
These allegations need to be fully and transparently investigated
by the authorities without delay and it should be made clear that
there is no impunity for such acts.

17. We note with deep concern the reports issued after our visit
about a crackdown on the lesbian, gay, bisexual, transgender and
intersex (LGBTI) community. According to these reports around one
hundred gay and transgender persons have been arrested by the police,
and many ill-treated. We call on the authorities to investigate
the actions of the police and reiterate the need to establish an
independent and effective police complaints system. It is unacceptable
for individuals to be targeted on the basis of their sexual orientation
or gender identity.

3. Conclusion

18. Most of the developments outlined
in this addendum do not require amendments to the draft resolution which
accurately reflects the present situation. However, the information
concerning media freedom and the recent releases, prompts the Monitoring
Committee to table the following amendments to the draft resolution on
the functioning of democratic institutions in Azerbaijan:

Amendment A

After paragraph 10, insert the following paragraph:

“The Assembly is also concerned
by the reported massive arrests of gay and transgender people and allegation
of ill-treatment by the police, and calls for independent effective
investigations to be conducted into the actions of the police; the
Assembly takes note of the release of these persons in the meantime.”

Amendment B

In paragraph 14, after the words “prisoners of conscience”,
insert the following words:

“including
the latest releases of Mehman Aliyev and Faiq Amirli”

Amendment C

At the end of paragraph 15.1, insert the following sentence:

“In this context, the Assembly
takes note that the Committee of Ministers instructed the Secretariat
to prepare a draft interim resolution giving formal notice to Azerbaijan,
as provided for under Article 46.4 of the European Convention on
Human Rights (ETS No. 5), of the Committee’s intention to bring
before the Court the question whether Azerbaijan has failed to fulfil
its obligations under Article 46.1 for consideration at their 1298th
(25 October 2017) meeting, should no tangible progress be made in ensuring
the applicant’s release.”

Amendment D

In paragraph 15.2, insert “Fuad Gahramanli and Aziz Orujov”
at the end of the last sentence as follows: